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Will I get a refund?

Headsfried
Headsfried Forumite Posts: 1 Newbie
Hi,
 I'm owner of a new build semi-detached house that's bought through government's help to buy loan scheme. I'm now in a dilemma, as I signed a contract by giving a deposit of 20% of the total quote for a conservatory extension, however I realised just before the day of starting the actual work that it's not permitted until the help to buy loan is paid off in full. Hence, I requested the builder to cancel the further proceedings and do a patio instead with the money I gave as deposit. He told me that it's not possible as his company don't undertake such works and that he doesn't owe me a refund. This is due to the terms and conditions such as out of the 14day cooling off period for getting the refund and due to the conservatory materials are bespoke and he lost more money than the deposit for arranging the labour for the planned work.
Do I have any hope to get any of my money back

Comments

  • the_lunatic_is_in_my_head
    the_lunatic_is_in_my_head Forumite Posts: 6,534
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    edited 28 July at 1:11PM
    Generally a trader may claim loss of profit or costs when the consumer brings the contract to an end without any justification. 

    I've flagged this to be moved to the House Buying Board who might be able to advise on any options that may be available for having the conservatory installed in your position.  
  • Schwarzwald
    Schwarzwald Forumite Posts: 387
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    Ultimately down to the exact contract wording.

    but most likely it’s non of the contractor’s problem that you are not allowed to build this conservatory extension and the deposit protects a contractor exactly against clients changing opinion after they might have already started to make arrangements, ordered materials, etc.

    could you copy and paste the exact contract wording in regard to cancellations after the deposit has been made?




  • CSI_Yorkshire
    CSI_Yorkshire Forumite Posts: 1,792
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    What 14 day cooling off period?

    Did you sign this contract online or over the phone?
  • the_lunatic_is_in_my_head
    the_lunatic_is_in_my_head Forumite Posts: 6,534
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
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    What 14 day cooling off period?

    Did you sign this contract online or over the phone?
    Off-premises contracts, such as those concluded at the consumer's home, also include the right of cancellation, although goods made to the consumer's specifications are exempt either way. 

    OP would have to provide more details on the conservatory for it to be determined whether the limit of application applied or not. 

    It seemed strange to me not to be able to add something basic like a conservatory and I wondered if OP had any way around this so they could go ahead with it being built. 


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